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                    COMMISSIONER'S DECISION

 

CLAIMS INDEFINITE: Essential Characteristic Not Stated.

 

   Some claims failed to state the relationship of the components

of the absorption refrigeration apparatus essential to resolve the

problem that constitutes the alleged advance in the art. Other

claims were deemed allowable.

 

FINAL ACTION: Affirmed in-part.

 

                ********************

 

This decision deals with a request for review by the Commissioner

 

of Patents of the Examiner's Final Action dated September 22, 1972

 

on application 078,614. This application was filed on March 31,

 

1970 in the names of Jack D. Meess, John C. Kastovich and Robert

 

S. Lackey, and refers to an "Absorption Refrigeration System".

 

In the prosecution terminated by the Final Action the examiner

 

rejected claims 1, 2, 11 to 14 and 22 to 24 for failing to define

 

any invention over the prior art. Claims 15 to 19 were rejected

 

on the basis that they do not depart from the conventional re-

 

frigeration circuits as discussed in the disclosure of this

 

application.

 

   The examiner cited the following prior art:

 

United States Patents:

2,243,903        June 3, 1941   Cl. 62-119.5     Hintze

2,979,310        Apr. 11, 1961  Cl. 257-247      Nicholson

2,974,498        Mar. 14, 1961  Cl. 62-156       Ehrenfreund

2,900,807       Aug. 25, 1959   Cl. 62-277       Solley Jr.

 

This application refers to an absorption refrigeration system

 

formed in substantially its entirety from at least two super-

 

imposed sheets bonded together at their interfaces, except for

 

the portions defining operating components and interconnecting

 

passages. These passages are in outwardly expanded or embossed

 

form. Claims 1 and 15 which are representive of the sets of

 

rejected claims read:

 

1. In an inert gas type, absorption refrigeration apparatus,

a tube-in-sheet panel containing a working fluid to which a

source of heat is adapted to be applied to effect operation

of said apparatus, said panel comprising the entirety of the

apparatus in the sense of providing a complete flaw system

including refrigeration contributing components and inter-

connecting fluid passages, save for said source of heat,

said panel being constructed and arranged that as formed

all said components and all said passages lie in the general

plane of said panel.

 

15. A tube-in-sheet panel containing a working fluid, the

panel constituting the entirety of the flow system of an

absorption refrigeration system save for a source of heat

to effect operation of said system, the panel being of

generally rectangular outline and adapted to occupy a

sufficiently upright plane during operation to accommodate

the requisite gravity flow in the system, all of the

refrigeration contributing components and connecting

passages being in communication internally of said panel,

said panel including one area thereof having, in descending

order, a condenser, evaporator, gas heat exchanger, absorber,

receiver, and liquid heat exchanger, said panel further including

another area on the general level of said absorber and reservoir

and to the side thereof having a boiler and lift section, said

components and passages including; and inert gas feed passage

extending from the upper portion of the absorber to the inlet

of said evaporator, and evaporator exit passage connecting

the outlet of said evaporator with the lower portion of

said absorber, said inert gas feed passage and said evaporator

exit passage extending in counterflow, adjacent heat exchange

relation for a portion of their length to form said gas heat

exchanger section, a rich liquid passage extending from the

lower portion of said reservoir to the lower portion of said

boiler and lift section, a weak liquid extending from the

lower portion of said boiler and lift section to the upper

portion of said absorber, said rich liquid passage and said

weak liquid passage extending in counterflow, adjacent heat

exchange relation for a portion of their length to form said

liquid heat exchanger, all of said components and passages

lying in the general plane of said panel as formed.

 

In the Final Action the examiner stated in part:

 

Hintze teaches the formation of an absorption refrigeration

apparatus in which vessels and conduits are formed of indented

and corrugated metal sheets arranged in pairs and hermetically

sealed.

...

 

The rejection of claims 1, 2, 11-14 and 22-24 is maintained

and the reasons for such rejection are that these claims fail

to define any inventive, clearly defined unobvious step over

Hintze in view of common knowledge evidenced by the other

references and expected skill.

 

...

 

Claims 1, 2, 13, 14 and 22-24 in setting forth that the

entirety of the apparatus is formed, save for the heat source,

between facing sheets forming a tube-in-sheet panel are held

to be merely restating the problem to be overcome in terms

of a desired result rather than setting forth those elements

of structure which clearly show how the problem is overcome.

Roll bonded units are generally common knowledge (See

Ehrenfreund and Solley Jr.) and to incorporate them into

an absorption unit is held to be but expected skill.

 

Nicholson shows the features brought out by claims 11 and

12. To incorporate such features into a roll bonded arrange-

ment is held to be obvious and thus does not offer an inventive

step over Hintze in view of common knowledge. Nicholson, as

noted above shows the features of a three element construction

with an opening in the intermediate sheet interconnecting

passages on either side thereof.

 

...

 

Upon further examination it is found that claims 15, 16, 17,

18 and 19 are not patentable and therefore these claims also

stand rejected.

 

 ...

 

They are presently held rejected since they do not depart from

the conventional refrigerator circuits as noted by applicant

at page 8 lines 23-25 and page 9 line 28-page 10, line 11. The

only departure is in the formation of a tube-in-sheet panel, and

as noted in the rejection of claim 1 such a distinction is not

a patentable one. Further, considering claim 17, Hintze shows

cut outs similar to those of claim 17 at A, B, C and D.

 

The applicant, in two separate responses both dated December 19,

 

stated in part:

 

In regard to the first set of claims:

 

The applicant fully realizes that roll bonded sheets are not

 

new. In the specification, on page 1, it is stated:

 

"It is well known to make heat exchange units from metal

sheets processed and bonded in facing relation with a

pattern of passages (typically inflated) provided between

the sheets. The use of a panel of this general character

in an absorption refrigeration system has also been

suggested in the patent art as evidenced by U.S. patent

2,243,903.".

 

 ...

 

"That patent (2,243,903) deals with a tube-in-sheet type

of absorption refrigeration apparatus which purports to

comprise a complete absorption refrigerating apparatus

in which the entire system is formed by the depressions

of the metal sheets arranged face to face together. It

is said that in that manner all or the majority of the

vessels may be made of very few metal sheets. The result

according to the patent is especially favorable for the

 

     mass production of absorption refrigerating apparatus.

     However, the arrangement according to that patent is

     deficient, as contrasted to the present invention, in

     requiring certain auxiliary parts such as a pump and

     certain connecting conduits which must be separately

     manufactured and connected with the vessels and

     passageways formed of the metal sheets."

 

     ...

 

     The applicants invention is not obvious from Hintze.

     Hintze discloses the desirability of reducing the

     number of parts required to product an absorption

     refrigeration apparatus. Hintze certainly has not

     disclosed a complete system formed entirely in the

     tube-in-sheet panel. He has merely reduced the number

     of parts required to produce an absorption refrigeration

     apparatus by including some of the elements in a tube-

     in-sheet panel and then connecting the remaining elements

     required to produce a functioning system. The elements,

     such as the pump 50 and the connecting tube 13 and other

     crossovers shown in Fig. 1 of the cited reference must

     all be welded to the tube-in-sheet panel before the

     refrigeration apparatus of Hintze will function.

 

     In regard to the second set of claims:

 

     In the apparatus of Hintze the components require a three

     dimensional spacial arrangement, whereas the applicants

     apparatus requires only a two dimensional spacial

     arrangement as formed.

 

     By this the applicant means that Hintze has not solved

     the problem of how to reduce the conventional flow

     patterns of an absorption refrigeration system from

     a three dimensional representation as occurs when the

     system is built up using discrete components which may

     include some portions fabricated in a tube-in-sheet

     panel and allows for crossovers in connecting tubes

     and allows the components to be placed in the most

     advantageous position with respect to one another and

     to be connected by the connecting tubes, to a planar

     or two dimensional representation in which all of the

     elements are formed in the sheet and therefore lie in

     one plane as formed. Because Hintze did not solve the

     problem of reducing the conventional flow patterns from

     a three dimensional form to a two dimensional form and

     and because he did not solve the problem of providing

     a tube-in-sheet panel which would have adequate

      circulation without the use of external pumping means,

     Hintze was forced to use additional connecting tubes

     and crossovers as well as the pump 50, all of which

     had to be welded to the tube-in-sheet panel.

 

The first question to be decided is whether claims 1, 2, 11 to 14

 

     and 22 to 24 are patentable over the cited references.

 

     The Hintze reference discloses an absorption refrigeration apparatus

 

     which includes a tube-in-sheet panel containing a working fluid, to

 which a source of heat is adapted to operate the apparatus. Claim 2

 

 of this reference reads:

 

 An absorption refrigerating apparatus of the continous type

 comprising a single pair of metal sheets sealed face to face

 together and having indentations and corrugations forming a

 generator vessel, a gas separator vessel, condenser, an

 absorber, an evaporator, and interconnecting conduits

 arranged so as to form a circulation system, part of said

 conduits being arranged in heat-exchanging relationship with

 one another.

 

 The Nicholson reference shows a three sheet heat exchanger with

 

 openings in the inner sheet, and connecting passages on either

 

 side thereof, while the references to Ehrenfreund and Solly each

 

 show roll-bonded heat exchanger units.

 

 Claim 1 defines the following structure:

 

 (a) in an inert gas type, absorption refrigeration apparatus;

 

 (b) a tube-in-sheet panel containing a working fluid and

      a source of heat for the operation of said apparatus;

 

 (c) said panel comprising the entirety of the apparatus

 in the sense of providing a complete flow system

 including refrigeration contributing components, some

 for said source of heat, and interconnecting fluid

 passages; and

 

(d) said panel being constructed and arranged that as formed

 all said components and all said passages lie in the

 general plane of said panel.

 

 While it is conceded that the applicant does not require a pump for

 

 the operation of his system as does Hintze, the basic difference

 

 from the Hintze reference is that conduits 13, 19 and 51 inter-

 

 connects the passages externally while all the passages are

 

included in the panel of the present application. It is known,

 

 however, to form passages using a tube-in-sheet panel. Any

 

 extension therefore to include all the passages in a panel, is

 

only an obvious modification from what is already common general

 

 knowledge.

 

 On page 1 of the disclosure the applicant states that: "The main

 

 problem arising in providing a tube-in-sheet absorption refrigeration

  system which is embodied in its entirety, insofar as its internal

 

  components and passages are concerned, in a planar panel as formed,

 

  is that the system design must be developed from what is essentially

 

  a two dimensional schematic pattern of the absorption refrigeration

 

  cycle. In other words, the physical location and relationships of

 

  the various basic components of the absorption apparatus (condenser,

 

  evaporator, absorber and boiler) are located as though the system

 

  represented a flow diagram with gravity feed characteristics."

 

  Claim 1 does not define the essential physical location and relation-

 

  ship of the various basic components of the absorption apparatus

 

  (condenser, evaporator, absorber and boiler) which according to the

 

  applicant, is the main problem to be solved for the system represented

 

  by a flow diagram with gravity feed characteristics. A claim may not

 

  distinguish from the Hintze reference and common general knowledge

 

  and practice merely by indicating the desired result, or simply

 

  restating the problem. The claim, to be patentable, must define

 

  a mode of application essential to the operation and use of a new

 

  principle or idea. We are satisfied that claim 1 does not properly

 

  define the alleged advance in the art.

 

  Claim 2, which depends on claim 1, states that the tube-in-sheet

 

  panel consists of two initially separate sheets bonded together

 

  during formation of said panel. The structure of Hintze, Ehrenfreund

 

  and Solly are all formed in the manner recited in claim 2.

 

  Claim 11, which is dependent on claim 1, states that the tube-in-

 

  sheet panel consists of three separate sheets, and that the

 

  opposite outer sheets each include outwardly-bulging portions

 

 forming said components and passages. It further states that the

 

intermediate sheet includes selectively located openings to place

 

   selected components and passages on opposite sides of said intermediate

 

   sheet in communication. This particular type of structure is specifically

 

   shown by numerals 11, 12, 13, 14, 44, 45 and 46 in figure 4 of the

 

   Nicholson reference.

 

   Claim 12, which is dependent on claim 11, states that an apparatus

 

   which includes a gas heat exchanger and a liquid heat exchanger

 

   is incorporated into the panel, and that at least one of said heat

 

   exchangers is formed of passages which are located substantially

 

   directly opposite each other on opposite sides of the intermediate

 

   sheet. The gas heat exchanger and the liquid heat exchanger are

 

   shown in the Hintze reference, whereas figure 4 of the Solly

 

   reference shows the arrangement of the two conduits on opposite

 

   sides of an intermediate sheet.

 

  Claims 13 and 14 are directed to substantially the same subject

 

  matter as claimed in claim 1, except that the components and

 

 passages are formed of outwardly-bulging embossments in at least

 

   one of said sheets. The references to Hintze and Nicholson describe

 

structure of this type.

 

It is noted that dependent claims 22, 23 and 24 add an external heat

 

   transfer promoting means. The Hintze reference, however, provides

 

   this arrangement at 1 in figure 1.

 

   In summation, we are satisfied that claims 1, 2, 11 to 14 and 22 to

 

   24, as presented, fail to define the alleged advance in the art for

 

   the reasons stated, and for relaying to what constitutes a conventional

 

   refrigeration system.

 

   The second question to be decided is whether claims 15 to 19 are

 

   patentable over and above the applicant's own description of what

 

   constitutes a conventional refrigeration circuit.

 

In the Final Action the examiner referred to the following state-

 

ments found in the applicant's disclosure:

 

On page 8 beginning at line 23,

 

These circulating paths for the components of the solution

are conventional for any ammonia absorption system utiliz-

ing an inert gas.

 

And on page 9 beginning at line 28,

 

As has been noted, the circulation patterns and the general

operational mode of the panel system according to the

invention corresponds to that of the conventional inert

gas type systems.

 

The disclosure of this application reads in part:

 

 On page 1 beginning at line 13,

 

It is well known to make heat exchange units from metal

sheets processed and bonded in facing relation with a

pattern of passages (typically inflated) provided between

the sheets. The use of a panel of this general character

in an absorption refrigeration system has also been

suggested in the patent art as evidenced by U.S. patent

2,243,903. That patent deals with a tube-in-sheet type

of absorption refrigeration apparatus which purports to

comprise a complete absorption refrigerating apparatus in

which the entire system is formed by the depressions of the

metal sheets arranged face to face together. It is said

that in that manner all or the majority of the vessels may

be made of very few metal sheets. The result according to

the patent is especially favorable for the mass production

of absorption refrigerating apparatus. However, the arrange-

ment according to that patent is deficient, as contrasted to

the present invention, in requiring certain auxiliary parts

such as a pump and certain connecting conduits which must be

separately manufactured and connected with the vessels and

passageways formed of the metal sheets.

 

On page 2 beginning at line 21,

 

...   In other words, the physical location and relationships

of the various basic components of the absorption apparatus

(condenser, evaporator, absorber and boiler) are located as

though the system represented a flow diagram with gravity feed

characteristics.

 

And on page 9 beginning at line 31,

 

However, the provision of the system as a whole in generally

planar form for fabrication purposes, the omission of operating

components (such as pumps) connected to the internals of the

system, the size limitation imposed by present fabrication

techniques for tube-in-sheet panels, and the requirements of

obtaining reasonably satisfactory performace of the system,

pose substantial problems in the design of the system as a

whole.

 

In accordance with the above statements it is established that the

 

applicant was familiar with conventional absorption refrigeration

 

systems. He was also familiar with the teachings of United States

 

patent 2,243,903, the Hintze reference, which has been relied

 

on extensively to reject claims. These statements also suggest

 

improvements to existing prior art refrigeration systems.

 

Claim 15 defines the physical location and relationships of the

 

various basic components, and introduces the following limitations:

 

(a) the panel is adapted to occupy a sufficiently upright

plane during operation to accommodate the requisite

gravity flow in the system;

 

(b) the panel includes one area having in descending order,

a condenser, an evaporator, a gas heat exchanger, an

absorber, a receiver, a liquid heat exchanger, a boiler

and a lift section located in an area to the side of

the absorber and receiver;

 

(c) the panel includes an inert gas feed passage extending

from the upper portion of the absorber to the inlet

of the evaporator, an evaporator exit passage

connecting the outlet of the evaporator with the lower

portion of the absorber, the passages extending in

counterflow heat exchange relationship, and

 

(d) the panel also includes a rich liquid passage extending

from the lower portion of the reservoir to the lower

portion of the boiler, a weak liquid passage extending

from the lower portion of the boiler to the upper

portion of the absorber, the passage extending in

counterflow heat exchange relationship.

 

In our view the subject matter of claim 15 distinguishes from the

 

description given in the disclosure of what constitutes a conventional

 

refrigeration system. Claims 16 to 19 also avoid the objection made

 

in the Final Action, since they are dependent on claim 15.

 

The examiner also pointed out that the cancellation of the rejected

 

claims would raise an objection under Section 60 of the Patent Rules

 

and Section 38 of the Patent Act. In the opinion of the Board,

 

however, an amendment to claims 1, 13 and 14 would overcome all

 

objections, if such amendment properly defined the essential physical

 

location and relationship of the various components of the absorption

 

apparatus, for example, as defined in claim 15.

  In summary, the Board is satisifed that claims 1, 2, 11 to 14 and

 

  22 to 24, as presently presented, do not define the alleged advance

 

  in the art over the cited references and common practice, but that

 

  claims 15 to 19 are acceptable over the state of the art as dis-

 

  closed in the specification.

 

  The Board recommends therefore that the refusal of claims 1, 2, 11 to

 

  14 and 22 to 24 be affirmed, and that claims 15 to 19 be accepted.

 

  J.F. Hughes,

  Assistant Chairman,

  Patent Appeal Board.

 

  I concur with the findings of the Patent Appeal Board. Accordingly I

 

  refuse to grant a patent which includes claims 1, 2, 11 to 14 and 22

 

  to 24, but will accept claims 15 to 19. The applicant has six months

 

  to present an appropriate amendment deleting claims 1, 2, 11 to 14 and

 

  22 to 24, or to appeal this decision under the provision of Section 44

 

  of the Patent Act.

 

  Decision accordingly,

 

 A.M. Laidlaw,

 Commissioner of Patents.

 

  Dated in Hull, Quebec,

  this 20th day of November, 1973.

 

Agent for Applicant

 

  McConnel & Fox,

  Hamilton, Ontario.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.